Wet-Reckless Plea

One may plead guilty to a variety of charges relating to driving while intoxicated or driving under the influence of alcohol or drugs. A criminal defense attorney will help to determine the nature of the charges and of the prosecutor's ability to back up the charges with good evidence before making any decision.

An attorney skilled in defending drinking and driving cases will try to get the charge reduced. If the charge is felony DUI, misdemeanor driving under the influence will be a reduced charge. When one is charged with a misdemeanor drunk driving, lesser charges that one might seek that carry less harsh punishments include a wet-reckless or a dry-reckless.

A California DUI / DWI attorney knows that sometimes it is better to accept a plea bargain than to go to trial in a drunk driving cases. The plea negotiations in a drunk driving case will often depend on the strength of the prosecution's case. A weak case may result in an offer that may be too good to turn down.

A plea bargain is a compromise between the criminal defense attorney and the prosecution. If the prosecution does not feel that they will be able to win at trial, they will offer a deal to the defendant. If the prosecutor believes strongly in their case, they may not offer any compromise. A DUI / DWI lawyer will discuss the case with prosecutor and try to iron out a deal that will spare the hassle of trial if the driver agrees to plead guilty to lesser charges or a to the same charges with negotiated consequences.

A wet-reckless is similar to a DUI but does not carry some of the same mandatory punishments that a misdemeanor DUI carries. A wet-reckless will generally be offered where the driver's BAC was .10 percent or less. There are no mandatory alcohol education classes, no driver's license suspensions and no SR-22 filings so long as the driver was successful at the DMV hearing. For those holding or seeking professional licenses, they will have an easier time passing the scrutiny of the licensing boards with a wet-reckless rather than a DUI on their records.

On the other hand, a wet-reckless will be counted as a prior DUI if a driver is charged with a second DUI / DWI within 10 years of the first one. Also, insurance companies often view a wet-reckless as the same thing as a driving under the influence conviction, so a driver can expect to pay higher insurance bills.

If a person is charged with driving under the influence or driving while intoxicated in California, the best thing to do is to contact a California criminal defense attorney to assist in deciding whether or not a plea should be taken. In many cases, a California DUI / DWI attorney will advise their clients to plead to a wet-reckless if the prosecutor makes the offer. Of course, the facts of each driving while intoxicated case must be evaluated before any decision can be reached.